Under the Care Act, those adults potentially eligible for social care support are those whose needs for care and support “arise from or are related to a physical or mental impairment or illness” (Care Act Eligibility Regulation 2). This wide definition encompasses all of the groups previously catered for under a variety of different statutes.
However, there are still some groups who may be subject to arrangements under other statutes.
Those who are Mentally ill ( s1 Mental Health Act 1983) may still be subject to Mental Health Act arrangements and, particularly, s.117 aftercare arrangements which were amended but not repealed by the Care Act.
Additionally, Guardianship is still available for those who are Severely mentally impaired: and abnormally aggressive / seriously irresponsible under: s7 Mental Health Act 1983
All other groups are now covered by the Care Act and this includes those who are:
Ill, or injured, or who have been ill or injured, except to the extent that they have health needs which are the responsibility of the NHS under the NHA Act 2006 (Care Act s.22)
Aged or elderly
Partially sighted
Partially hearing
Substance abusers
HIV and AIDs clients
Asylum seekers or other individuals with an immigration status but only to the extent that their needs arise from a physical or mental impairment or illness (and not merely from destitution) and failing to meet them would infringe their human rights [s.21 Care Act]. Particularly, it remains the situation that local authorities are not obliged to meet needs for accommodation which are not related to needs for care and support in such a way that the needs for care and support cannot be effectively met if accommodation is not provided [R (On the Application of GS) v London Borough of Camden [2016]].
Children’s social care arrangements fall outside the Care Act and are still set out in a range of other statutes including s.17 Children Act and s.2 CSDP Act. Adults who are parents or parent/carers may also qualify for support under these statutes.
Homelessness and housing needs are also dealt with separately from social care needs, primarily under the Housing Act 1996.